Thursday, January 28, 2016

Reasons for refusal to register a document

Reasons for refusal to register a document:
Sec.71 of the Indian Registration Act 1908
“Sec.71: Reasons for refusal to register to be recorded: Every Sub-Registrar refusing to register a document, except on the ground that the property to which it relates is not situate within his sub-district, shall make an order of refusal  and record his reasons for such order in his Book No.2, and endorse the words ‘registration refused’ on the document; and, on application made by any person executing or claiming under the document, shall, without payment and unnecessary delay, give him a copy of the reasons so recorded.”
                   Reasons for rejection:

Rule 162 of the Registration Rules:
Section 19: That the document is written in a language which the registering officer does not understand and which is not commonly used in the district, and that it is unaccompanied by a true translation and a true copy.
Section 20:  That it contain unattested interlineations, blanks, erasures, or alterations which in the opinion of the registering require to be attested.
Section 21: and Section 22: That the description of the property is insufficient to identity it or does not contain the information required by rule 18.
Section 21(4): That the document is unaccompanied by a copy or copies of any map or plan which it contains.
Rule 32: That the date of execution is not stated in the document or that the correct date is not ascertainable.
Sections 23, 24, 25, 26, 72, 75 and 77: That it is presented after the prescribed time.
Sections 32,33,40 and 43: That it is presented by a person who has no right to present it.
Section 34: That the executing parties or their representatives, assigns, or agents have failed to appear within the prescribed time.
Sections 34 and 43: That the registering officer is not satisfied as to the identity of a person appearing before him who alleges that he has executed the document.
Section 34 and 40: That the registering offer is not satisfied as to the right of a person appearing as a representative, assign, or agent so to appear.
Section 35: That execution is denied by any person purporting to be an executing party by his agent.
Section 35: That the person purporting to have executed the document is a minor, an idiot or a lunatic.
Section 35: That execution is denied by the representative or assign of a deceased person by whom the document purports to have been executed.
Section 353 and 41: That the alleged death of a person by whom the document purports to have been executed has not been proved.
Section 41: That the registering officer is not satisfied as to the fact of execution in the case of a will or of an authority to adopt presented after the death of the testator or donor.
Sections 25, 34 and 80: That prescribed fee or fine has not been paid.
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